The Board of Transport
Commissioners for Canada
Commission des Transports
du Canada

Order no. 72236

Monday, the 4th of
April, A.D. 1949

In the matter of the application of the City of Toronto, hereinafter called the Applicant, under Sections 39, 257 and 259, and other relevant sections of the Railway Act, 1919, for an Order (1) requiring the Canadian National Railways to proceed with the grade separation on Dupont Street (formerly Royce Avenue), in the City of Toronto, under the tracks of the Canadian National Railways' Newmarket Subdivision as provided in Order No. 35037, dated May 9, 1924; (2) apportioning the cost of the works between the parties interested and affected by the said construction, subject to a contribution from the Railway Grade Crossing Fund:

32453.3

M. B. Archibald
Chief Commissioner

Hugh Wardrope
Assistant Chief Commissioner

F. M. MacPherson
Commissioner

Upon hearing the application at the sittings of the Board held in the City of Toronto, on the 22nd day of June, 1948, in the presence of Counsel for the Canadian National Railways, the Canadian Pacific Railway Company, the Toronto Electric Commissioners, the Toronto Transportation Commission, the City of Toronto, the Bell Telephone Company of Canada, and the Consumers' Gas Company of Toronto—

It is ordered

  1. That the Canadian National Railways proceed with the construction of the subway under their railway on their Newmarket Subdivision on Dupont Street (formerly Royce Avenue), in the City of Toronto, which was ordered to be constructed by Order No. 35037, dated May 9, 1924; detail plans to be submitted for the approval of an Engineer of the Board.
  2. That forty per cent of the cost of constructing the said subway, not exceeding, however, the sum of $100,000.00, be paid out of the Railway Grade Crossing Fund, and that the remainder of such cost, as well as the cost of maintenance, be borne and paid as follows: seventy-five per cent by the Applicant, twenty per cent by the Canadian National Railways, and five per cent by the Canadian Pacific Railway Company.
  3. That the additional cost of providing statutory clearances, caused by the attachment of the power wires of the Toronto Transportation Commission to the underside of the subway be borne and paid by the Toronto Transportation Commission.
  4. That the cost of such removal or relocation of the plant and equipment of any public utility as may be necessary by reason of the construction of the subway be borne and paid by the Commission or Company operating the public utility.

M. B. Archibald
Chief Commissioner,
The Board of Transport Commissioners for Canada.